### Buddy Garcia, 

### Chuirmun Larry 

### R. Soward, 

### Commissioner Bryan 

### W. Shaw, Ph.D., 

### Commissioner Glenn Shankle, 

### Executive Director 

# TEXAS COMMISSION ON 

# ENVIRONMENTAL QUALITY Protecting Texas by

### Reducing und Preventi?zy Pollution 

## February 

## 28,2008
Docket No. 2007-0991-RUL Rule Project No. 2007-041-114-EN



### Richard E. Greene, Regional Administrator U.S. Environmental Protection Agency 

## - Region 6 

### 1445 Ross Avenue Dallas, Texas 75202-2733 Dear Mayor Greene: On January 30, 2008, the Texas Commission on Environmental Quality (Commission) adopted revisions to the State Implementation Plan (SIP). The Commission adopted amendments to 

## $8 114.512 and 114.517in 30 TAC Chapter 114,Control of Air Pollution from Motor Vehicles, Subchapter J, Operational Controls for Motor Vehicles, Division 2, 

### Locally Enforced Motor Vehicle Idling Limitations; and corresponding revision to the SIP. The revision implements Senate Bill 12, Article 4, 8oth Legislature, 2007 which extends the prohibition on Commission adoption of certain idling restrictions, prohibits idling near hospitals and residential areas, and restricts idling of vehicles with sleeper berths within 2 miles of a vehicle heating and air conditioning hook-up facility. Enclosed are the proposed revisions to the SIP,a public hearing certification, a complete record of the public hearing, and the accompanying order. 

### I look forward to your expeditious approval of this SIP revision. Sincerely, A

I 

### Chairman I



### Enclosures

cc: The Honorable Rick Perry, Governor of Texas Mr. Auburn Mitchell, Office of Budget, Planning and Policy, Office of the Governor Mr. Glenn Shankle, Executive Director, Texas Commission on Environmental Quality

P.O. Box 13087 Aust~n, Texas 78711-3087 

# . 512-239-1000 Internet add~ess: \mv.tceq.state.tx.us

I I , 1

### THE STATE OFTEXAS $
COUNTY OF TRAVIS $



### This is to certify that the attached are true and correct copies of docunlents for revisions to the Texas
State Implementation Plan, adopted on January 30,2008,pursuant to 40 Code of Federal Regulations (CFR) $51.1 04. I am the records administrator for the Air Quality Division ofthe Texas Commission on Environmental Quality (Commission).

pusana 

### M. Hildebrand, P.E. Director, Air Quality Division Texas Commission on Environmental Quality

### Texas Commission on Environmental Quality Public Hearing October 22,2007 Concerning revisionsto 30 TAC Chapter 114 Control of Air Pollution from Motor Vehicles 

### SB 12: Idling of Motor Vehicles Rule Project Number2007-041-1 14-EN

### The Texas Commission on Environmental Quality (commission) held a public hearing in Austin on October 22, 2007, to receive testimony concerning proposed revisions to 30 TAC Chapter 114, Control of Air Pollution from MotorVehicles, and to the State Implementation Plan (SIP).

The rulemaking implements Senate Bill 12. Article 4. 8oth Legislature, 2007. The rulemaking extends the expiration of prohibitions on the commission adopting rules restricting certain vehicle idling activities from September 1, 2007, to September 1, 2009. Additionally, the rulemaking prohibits idlingwithin 1,000feet of a hospitaland in residential areas. Finally,vehicleswith sleeper berths are prohibited from idling if an electrification facility that provides external heat and air conditioning hook-ups is located within two miles of their stop.

The comment period closed on Novernber 5, 2007. All testimony and comments have been reviewed and seriously considered. This hearing record contains a complete record of the public hearing and is divided into the following four sections:



### o Public Notification and Proposal



### o Written and Oral Testimony



### o Evaluation of Testimony

0 

### Staff Recommendations/Order

Additional copiesof this hearing record are maintained in the TCEQ central office at 121 00 Park 35 Circle, Austin, Texas 78753. For further information, please contact Theodore Kosub at (51 2) 239- 5609.

# PUBLIC NOTIFICATION AND PROPOSAL

### PUBLIC NOTIFICATION

Notification to the public of the proposed revisions was conducted by the following procedures:

1. Publication of notice of public hearing in the following newspapers on the date listed: Austin American-Statesman, September 21,2007 Fort Worth Star-Telegram, September 21, 2007 Houston Chronicle, September 21, 2007

2. Publication of the proposed rules in the October 

## 5, 2007, issue of the Texas Register (32 TexReg 6990). 3. Publication of the Public Hearing Notice in the October 

## 5, 2007, issue of the 

### Texas Register (32 TexReg 71 18).

4. 

### Correspondence forwardingthe notice of public hearing to the following officials and agencies: Speaker of the House Lieutenant Governor Alamo Area Council of Governments Capital Area Planning Council City of Victoria Planning Department Dallas Department of Environmentaland Health Services Dallas Department of Aviation East Texas Council of Governments El Paso City-County Health and Environmental District El Paso Metropolitan Planning Organization Federal Highway Administration Fort Worth Environmental Management Department

### Galveston County Health District Houston Department of Health and Human Services Harris County Public Health and Environmental Services North Central Texas Council of Governments Houston-Galveston Area Council South East Texas Regional Planning Commission Texas Department of Transportation Texas Transportation Institute Arkansas Department of Pollution Control and Ecology Louisiana Department of Environmental Quality New Mexico Environmental Department Oklahoma Department of Environmental Quality 

### U. S. Environmental Protection Agency

### Exampleof Newspaper Classified Ad 

### AusfinAmerican-Statesman, September 21,2007

### Buddy Garcia, 

### Chairman Larry 

### R. Soward, 

### Commissioner Glenn Shankle,

### Executive Director



# TEXAS COMMISSION ON 

# ENVIRONMENTAL QUALITY Protecting Texas by 

### Reducing and Preventing Pollution 

### NOTICE OF A PUBLIC HEARING ON PROPOSED RJWISIONS TO 30 

### TAC CHAPTER 114 AND THE STATE ZMPLEMENTATIONPLAN
The Texas Coinmission on Environmental Quality (commission) will conduct a public hearing to receive testiinony concerning proposed revisions to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, and to the state iinplementation plan under the requirements of Texas Health and Safety Code, $382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations $51.102, of the United States Environmental Protection Agency concerning state implementation plans. The proposed ruleinaking would implement Senate Bill 12, Article 4, 80th Legislature, 2007. The proposed rulemaking would extend the expiration of-prohibitions on the commission adopting rules restricting certain vehicle idling activities from September 1, 2007, to September 1, 2009. Additionally, the proposed rulemaking would prohibit idling within 1,000 feet of a hospital and in residential areas. Finally, vehicles with sleeper berths would be prohibited from idling if an electrification facility that provides external heat and air conditioning hook-ups is located within two miles oftheir stop. The commission will hold a public hearing on this proposal in Austin on October 22, 2007, at 10:OO a.m. atthe Texas Commission on Environmental Quality Complex located at 12100 Park 35 Circle in Building 

### F, Room 2210. The hearing will be structured for the receipt of oral or written coinments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff will be available to informally discussthe proposal 3'0 minutes before the hearing. Persons who have special coinmunication or other accominodation needs who are planning to attend the hearing should contact Lesley Williamson, Office ofLegal Services, at (512) 239-2461.
Comments may be submitted to Lesley Williamson, MC 205, Office of Legal Services, Texas Commission on Enviroi~inental Quality, P.O. Box 13087, Austin, Texas 7871 1-3087, or faxed to (512) 239-4808. Electronic colnments may be submitted at Iztf~://~~~~~~5.tceq.state.~.us/~-ules/econzn~erzts. 

### File size restrictions may apply to comments submitted through the eCoinments system. All comments sllo~~ld reference Rule Project Number 2007-041-1 14-EN. The comment period closes November 5, 2007. Copies of the proposed rules can be obtained fsom the commission's Web site at kttp://ww~z tceq.state.tx.us/nav/rules/propose adopt.htnzl. 

### For further information, please contact Theodore Kosub, Air Quality Planning, (5 

### 12)239-5609.
Issued 

### inAustin, Texas on September 

### 19, 2007

P.O. Box 13067 Austin, Texas 78711-3087 512-239-1000 Internet address: wvlw.tceq.state.tx.usber 2003-0365-IWD-E, failing to prevent the
ENFORCEMENT COOR REGIONAL OFFICE: 40 Texas 79901- 1206, (9 15) (18) COMPANY: City of 2007-0487-MWD-E; lDENTI Wilson County, Texas; TYPE

conservation and Development A INATOR: Cheryl Thomp- : 14250Judson Road, San

DOCKET N

event unauthorized emissions; COORDINATOR: Roshondra

490-3096. TRD-200704490 Mary R. Risner Director, Litigation Division
Filed: September 25, 2007 

# + + Notice of Public Hearing on P oposed Revisions to 

### 30TAC Chapters 

### 17 and 

### 18 

# I

The Texas Commission on Envir nmental Quality (commission) will conduct a public hearing to receiv testimony concerning proposed re- 

# t Code, Chapter 2001. Subchapter

hearing.

Comments may be submitted Kristin Smith. MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Aus n, Texas 78711-3087. or faxed to (512) 239-4808. Electronic comments may be submitted at htp://~~wnd.tceq.state.tx.~~s/riiles/ cornmenls. File size restrictions may apply to comments submitted rough the ecomments system. All comments should reference Rule roject Number 2007-055-1 17-PR. The comment period closes No ember 5, 2007. Copies of the proposed rule can be obtained f 

### m the commission's web site at htp://wn~n~tceq.state.rx.ush~a~~/r~~l s/propose-udopt. html. For further information, please contact Ron H tlett, Small Business and Environmental Assistance (5 12) 239-6348 

# I

Robert Martinez

Filed: September 21, 2007

Notice of Public Hearing on Proposed Revisions to 

### 30 TAC Chapter 

### 114 and'the State Implementation Plan The Texas Commission on Environmental Quality (commissio~i) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 114, Control oi Air Pollution from Motor Vehicles, and to the state implementation p!an under the requirements oiTexas Health and Safety Code, 9382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations 951.102, of the United Stated Environmental Protection Agency concerning state implementation plans. The proposed rulernaking would extend the expiration of prohibitions on the commission adopting rules restricting certain vehicle idling activities from September 1, 2007, to September 1, 2009. Additionally the proposed rulernaking would prohibit idling within 1,000 feet of a hospital and in residential areas. Finally, vehicles with sleeper berths would be prohibited from idling iian electrification facility that pro

### 32 

## TexReg 7118 October 5,2007 TexasRegistervidesexternal heat and air conditioning hook-ups is located within two miles of their stop. The commissionwill hold apublic hearing on this proposal in Austin on October 22,2007. a1 10:OO a.m. at the Texas Commission on Environmental Quality Complex located at 12100Park 35 Circle in Building F, Room 2210. The hearing will be structured for the receipt of oral or written commentsby interested persons. Registration will begin 30 minutes prior to the hearing. Individualsmay present oral statements when called upon in order ofregistration. There will be no opendiscussion during the hearing;however, commission staff will be available to informally discuss the proposal 30 minutes before the hearing. Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Lesley Williamson. Officeof Legal Services, at (5 12) 239-246I. Comments may be submitted to Lesley Williamson, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments. File size restrictions may apply to commentssubmitted through the ecomments system. All comments should reference Rule Project Number 2007-041-114-EN. The comment period closes November 5, 2007. Copies of the proposed rules can be obtained from the commission's Web site at 

### http://www.tceq.state.tx.us/nav/ruIes/propo~e~adopt.htm. For further information, please contact Theodore Kosub, Air Quality Planning, (512) 239-5609.
Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: September 21. 2007

Notice 

### of Water Quality Applic tions 

# t The following notices were issued uring the period of September 12, 2007 through September 20,2007.

# P

NOTICE. INFORMATION SECTION 

# I

with the

# exa as Coastal Manageme goals and policies in accordancewith the regulationsof Council, and has determined thatthe action is c with the applicable CMP goals and policies. sion on Environmental Quali Texas Pollutant Discharge El WQOO 1482800 1,to authorize waterat a daily average flow n

002. The facility is located a venue B, on the north side of State Highway 66, approxima feet east of the intersectionof State Highway 66 and State

### H in the City of Garland. Dallas County, Texas.

average flow not to exceed is located is 5003 Atascocit south ofFarm-to-Market Ro of the intersection of Atasco in Harris County, Texas. 

### ITY DISTRICTNO. 344 has vironmental Quality (TCEQ) 83-001, which authorizes the at an annual averageflow not facilityis located at approxiCITY OF HOUSTON ha renewal of TPDES Permit No. WQ0010495100, which discharge of treated domestic wastewater at 

### an annual ot to exceed 3,710,000 gallons per day. The facility is loca enmar Street on the south bank of GreensBayou approximat et northeastof the intersection
Texas.

in Harris County, Texas. NORTH PARK PUBLIC UTI ISTRICT has applied for a renewal of TPDES Permit No. 1855001, which authorizes the dischargeof treated domestic wa at an annual averageflow not



## IN ADDITION October5,2007 32 TexReg 7119Filedwith the Office of the Sec tary of State on September 21, 2007. TRD-200704400 Robert Martinez



# + + CHAPTER 114. 

## CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES SUBCHAPTER J. 

## OPERATIONAL CONTROLS FOR MOTOR VEHICLES DIVISION 

## 2. LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS 30 TAC 

### $114.512, 

### $114.517 The Texas Commission on Environmental Quality (commission or TCEQ) proposes amendments to $114.512 and $114.51 7. The amended sections will be submitted to the United States Environmental Protection Agency (EPA)as a revisiontothe state implementationplan (SIP). BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FORTHEPROPOSEDRULES Chapter 114, Subchapter J, OperationalControls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations, was adopted on November 17, 2004, at the request of the local air quality planningorganization inthe Austin Early Action Compact (EAC)area (Bastrop, Caldwell, Hays, Travis, and Williamson Counties) for use as a control strategy in its EAC agreement to maintain attainment with the federal eight-hour ozone nationalambient air qualitystandards (29TexReg 11355). The rule package also provided localgovernmentsin other areas of the statethe option of applyingthese rules intheir areas when additional control measureswere neededto achieveor maintain attainment of the federal eight-hourozone standard inthe future. The concept of an early, voluntary eight-hour air quality plan, or EAC was endorsed by EPA Region 6 in June 2002 then slightly modified and made available nationally in November 2002. A key point of an EAC istheflexibility afforded areastoselect emission reduction measures such as limiting vehicle idling. On August 1, 2005, members of the Austin EAC and the commission signed the locally enforced idling restrictions memorandum of agreement (MOA). This MOA allowed participating counties to enforcethe idling restriction rule intheir jurisdictions. Members of the Austin EAC area signing the MOA included the counties of Bastrop,Caldwell, Hays, Travis, and Williamson andthe cities of Austin, Bastrop, Elgin, Georgetown, Hutto, Lockhart, Luling, Round Rock, and San Marcos. In meetings with officials of the Austin EAC to develop the idling rule MOA, concerns arose regarding language in the locally enforced idling restrictions.Austin EAC membersvoiced concern that parts of $114.517, Exemptions, were ambiguous and needed revision. Members of the Austin EAC felt that $114.517(7) and (8) could be misinterpreted to mean that a transit vehicle could idle for a total of one hour. There was also concernthat the commission's rule conflictedwith Texas Department of Transportation (TxDOT) guidelines for vehicle idling by employees. Austin EAC members brought to the commission's attentionTxDOT's policy regarding idling. The guidelines advise employees to idle their vehicles to operate the air conditioner or heating system for employee health and safety while they perform an essential job'function related to roadway construction or maintenance. In many instances on-road and off-road vehicles at roadway construction sites must remain in idle mode during normal operations. The commission agreed with the Austin EAC members that the locally enforced idling restrictions should be revised in light of these concerns. At the request of the Austin EAC members,the commission adopted revisions to the locally enforced motorvehicle idling rule (31TexReg3900). Inthat same rulemaking, the commission also adopted revisions to the idling rule to conform to legislation passed in 2005. The 79th Legislature, 2005, passed House Bill (HB) 1540, amending Texas Health and Safety Code (THSC), Chapter 382, Subchapter B, $382.0191, Idling of Motor Vehicle While Using Sleeper Berth. The bill, stated that the "commission may not prohibit or limit the idling of a motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle'ssleeper berth for a government-mandated rest period." In addition, the bill statedthat, "nodriver using the vehicle's sleeper berth may idle the vehicle in a schoolzone or within 1,000 feet of a public school during its hours of operation," or else be subject to a fine not to exceed $500. This rulemaking amended the rule on idling limits for gasoline and diesel-powered engines in motor vehicles within the jurisdiction of any local government in the state that has signed an MOA with the commissionto delegate enforcement to that local government. Local enforcement is crucial to the effective implementation of rules to reduce the extended idling of gasoline and diesel-powered heavy-duty vehicles and will help to ensure the reduction in nitrogenoxides (NO,) and volatile organic compound (VOC) emissions, which is needed by local governments toachieve or maintainattainment of the federal eight-hourozone standard. These idling limits will lower NO, emissions and other pollutants from fuel combustion. Because NOxis a precursorto ground-levelozone formation, reduced emissionsof NO, will result in ground-level ozone reductions. In May 2007, the 80th Legislature passed Senate Bill (SB) 12, which in partamendedTHSC, $382.01 91. The legislation further prohibitedvehicle idling in residential areas as defined by Local Government Code, $244.001 and within 1,000feet of hospitals. The legislation also prohibited vehicles with sleeper berths from idling if an electrification facility with external heat and air conditioning hook-ups is locatedwithin two miles of where they are stopped. SB 12 extended the expiration of prohibitions on the commission from adopting rules restricting certain idling activities from September 1, 2007, to September 1, 2009. Currently,there are nofederal regulations governing idle time for motorvehicles. The requirementsdeveloped by the commission for this NO, emission reduction strategy will result in restrictions on the time allowed for motor vehicle idling. SEC1-ION BY SECTION DISCUSSION 

### 5 114.512, Control Requirements for Motor Vehicle ldling The proposed amendment to $1 14.512(b), Control Requirements for Motor Vehicle Idling, would prohibit idling by drivers using the vehicle's sleeper berth in residential areas as defined by Local Government Code, $244.001, or within 1,000 feet of a



## 32 TexReg 6990 October 5,2007 TexasRegisterhospital. Additionally, the expiration of this subsectionwould be changed from September 1,2007, to September 1,2009. $114.577, Exemptions The proposed amendment to 5114.517(a)(1), Exemptions, would change the expiration date of these paragraphs from September 1, 2007, to September 1, 2009. Proposed 5114.57(a)(2) has been added to clarify that after September 1, 2009, vehicles with Gross Vehicle Weight Rating (GVWR) of 14,000 pounds or less will no longer be exempt from the requirements of 5114.512. The current exemptions listed as paragraphs (2)

# - (11) of this section will be renumberedas paragraphs (3)

# - (12) for consistency. Renumbered5114.517(a)(12) will be amended by changing the expiration date of the paragraph from September 1, 2007, to September 1, 2009. The proposed amendment to $114.517(a)(11) would also prohibit idling to power a heater or air conditioner if the vehicle is within two miles of a facility offering external heating and air conditioningconnections at a time when those connections are available. The amendments to 5114.512 and 5114.517 are proposed to ensure that the rules are consistent with the requirements set forth in SB 12. FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT Jeff Horvath, Analyst, Strategic Planning and Assessment, has determinedthat, for the first five-year period the proposed rules are ineffect, no fiscal implications are anticipated for the agency or other units of state or local government as a result of the administration or enforcement of the proposed rules. The proposed rules implement portions of SB 12, 80th Legislature, Regular Session by: prohibiting drivers who are using the vehicle's sleeper beith from idling in residential areas or within 1,000 feet of hospitals; prohibiting vehicles with sleeper beRhs from idling if an electrificationfacility with external heat and air conditioning hook-ups is locatedwithin two miles of where they are stopped and; extending the expiration of prohibitions on the commission to adopt rules restricting certain idling activities from September 1,2007, to September 1, 2009. The current vehicle idling rules are intended for use as a control strategy by the Austin EAC area (Bastrop, Catdwell, Hays, Travis, and Williamson Counties) in its EAC agreement to maintain attainment with the federal eight-hour ozone national ambient air quality standards. The vehicle idling rules also provide local governments in other areas of the state the option of applying these rules in their areas when additional control measures are needed to achieve or maintain attainment of the federal eight-hour ozone standard in the future. The proposed rules would impact the Austin EAC membersand any other local governments in the state who have adoptedvehicle idling restrictions as an additional control measureto achieve or maintain attainmentof the federal eight-hour ozone standard. There could be marginal enforcement costs for local governments who enforcethe additional idling controls. The rules provide local governmentsthe authoriiy to fine drivers $500 for usingtheir sleeper berths and idling within a school zone or within 1,000 feet of a hospital or public school during its hours of operation. No fiscal implications are expected for the agency as enforcement of the idling rule is delegated to local governments who enter into an agreement with the commission. PUBLIC BENEFITS AND COSTS Mr. Horvath also determined that for each year of the first five years the proposed amendments are in effect, the anticipated public benefit will becompliance with state law and the provision of additional options for local governments to use to obtain a reduction in emissions needed to maintain attainment with the federal eight-hour ozone standards. Nofiscal implicationsare anticipated to businessesor individuals as a result of the implementationof the proposedamendments. The proposed idling rule will allow drivers to idle the motor to heat or cool the vehicle in which the driver is using the sleeper berthfor a government mandated rest break as long as they are not in residential areas, in a school zone, within 1,000 feet of hospitals and schools, or as long 

### as an electrification facility with external heat and air conditioning hook-ups is not located within two miles of where they are stopped. SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT No adverse fiscal implications are expected for small or microbusinesses as a result of the proposed rules. The proposed idling rule will allow drivers to idle the motor to heat or cool the vehicle in which the driver is using the sleeper berth for a government mandated rest. LOCAL EMPLOYMENT IMPACT STATEMENT Thecommission has reviewed this proposed rulemakingand determined that a local employment impact statement is not required becausethe proposed rules do not adversely affect a local economy in a material way for the first five years that the proposed rules are in effect. DRAFT REGULATORY IMPACTANALYSIS DETERMINATION The commission reviewed the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code, 52001.0225, and determined that the rules are not subjectto$2001.0225 becausealthough the proposal meetsthe definition of a "major environmental rule" as definedthe statute, it does not meet any of the four applicability requirements listed in 52001.0225(a). The regulatory analysis requirements of Texas Government Code, $2001.0225 only apply to a major environmental rule, the result of which is to: 1) exceed a standard set by federal law, unless the rule is specifically required by state law; 2) exceed an express requirement of state law,, unless the rule is specifically required by federal law; 3) exceed an requirement of a delegation agreement of contract between the state and an agency or representative of the federal government to implement a state and federal program; or 4) adopt a rule solely under the general powers of the agency instead of under a specific state law. Specifically, the proposal will amend the rules that limit heavy-duty motor vehicle idling with the jurisdiction of any local government in the state that has signed an MOA with the commission to delegate enforcement to that local government. The proposed amendments would implement changes to THSC, 5382.0191 as a result of passage of SB 12 in the 80th Legislature,2007. The legislation further prohibited vehicle idling in residential areas and within 1,000 feet of hospitals. The legislation also prohibited vehicles with sleeper berths from idling if an electrification facility with external heat and air conditioning hook-ups is located within two miles of where they are stopped. SB 12 extended the expiration of prohibitions on the commission from adopting rules restricting certain idling activities from September 1, 2007, to September 1, 2009. Currently, there are no federal regulations governing idle time



## DOSED RULES October5,2007 32 TexReg 

## 699Ifor motor vehicles. This proposal therefore does not exceed an express requirement of federal law. The amendments are needed to implement state law but do not exceed those new requirements. The proposed rules do involve a compact (in particular, the Austin EAC), which is an agreement between the state and federal government to implement a state and federal program, however, the proposed amendments do not exceedthe requirements of that compact. Finally, this proposed rulemakingwas not developed solely under the general powers of the agency, but is authorized by specific sections of THSC, Chapter 382, which are cited in the STATUTORY AUTHORITY section of this preamble, including 9382.012 and 9382.0191. Because this rulemaking does not meet any of the four applicability requirements,Texas Government Code, 92001.0225(b) does not apply, and a regulatory impact analysis is not required. The commission invites public comment on the draft regulatory impact analysis determination. TAKINGS IMPACTASSESSMENT Under Texas Government Code, $2007.002(5), "taking" means a governmental actionthat affects private real property, in whole or in part ortemporarily or permanently, ina mannerthat requires the governmentalentity to compensate the private real property owner as provided by the Fifth and FourteenthAmendments to the United StatesConstitutionor $17or $19, Article I, Texas Constitution; or a governmentalaction that affects an owner's private real property that is the subject of the governmental action, in whde or in part or temporarily or permanently, in a manner that restrictsor limits the owner's right to the property that would 0thenvise exist in the absence of the governmental action; and is the producrngcause of a reduction of at least 25% in the market value of the affected private real property, determined by comparing the market value of the property as if the governmental action is not in effect and the market value of the property determined as if the governmental action is in effect. The commission completed a takings impact assessment for the proposed rules. Promulgation and enforcement of the rules will not affect private real property in a manner that would require compensationto private real property owners under the United States Constitution or the Texas Constitution. The proposed rules also will not affect private real property in a manner that restricts or limit an owner's right the property that would otherwise exist in the abs.ence of the government action. Therefore, the proposed rules will not cause a "taking" as defined under, Texas Government Code, 92007.002(5). CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM The commission reviewedthe proposed rulemaking action and foundthat the proposal is an action identified in Coastal Coordination Act Implementation Rules, 31 TAC 9505.11, or will affect an action/authorization identified in 9505.11, and therefore will require that applicable goals and policies of the Texas Coastal Management Program (CMP)be considered during the rulemaking process. The commission determinedthat under31TAC $505.22,the proposed rulemaking action is consistent with the applicable CMP goals and policies. The CMP goal applicable to this rulemaking action is the goal to protect, preserve, and enhance the diversity, quality, quantity, functions, and values of coastal natural resourceareas (31TAC 9501.12(1)). No new sources of air contaminants will be authorizedand ozone levels will be reducedas a result of the proposed rulemaking. The CMP policy applicable tothis rulemakingaction is the policythat commission rules comply with regulations in 40 Code of Federal Regulations, to protect and enhance air quality inthe coastal area (31TAC 9501.14(q)). This rulemaking action complies with 40 Code of Federal Regulations. Therefore, in compliance with 31 TAC 9505.22(e),this rulemaking action is consistent with CMP goals and policies. Interested persons may submit comments regarding the consistency of the proposedamendmentswiththe CMP during the public comment period. Written comments on the consistency of this rulemaking may be submitted to the contact person at the address listed under the SUBMllTAL OF COMMENTS section of this preamble. ANNOUNCEMENT OF HEARING The public hearing on this proposal will be held in Austin on October 22, 2007, at 10:OO a.m. at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle in Building F, Room 2210. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals mav Dresentoral statements when called upon in orderof registration.

## here will be noopen discussion duringthe hearing; however, aaencv staff will be available to discuss the proposal 30 minutesbriorto the hearing. Personswho have special'communication or other accommodation needs who are planningto attend the hearing should contact Lesley Williamson, at (512) 239-2461. Requests should be made as far in advance as possible. SUBMllTAL OF COMMENTS Written comments may be submitted to Lesley Williamson, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments/. All commentsshould referenceRule Project Number2007-041 -1 14-EN. The comment period closes October 22, 2007. Copies of the proposed rule can be obtained from the commission's web site at http://www.tceq.state.tx.us/nav/ruledpropose~adopt.html. For further information, please contact Theodore Kosub, Air Quality Division, (51 2) 239-5609. STATUTORY AUrHORlTY Theamendmentsare proposed underTexas Water Code (TWC), 95.103, which authorizes the commissionto adopt rules necessary to carry out its powersand duties underthe TWC, and under THSC, Texas Clean Air Act (TCAA), 9382.017, which provides the commissionwith the authority to adopt rules consistent with the policy and purposesof theTCAA. The amendments are also proposed underTCAA, 9382.01 1,which authorizes the commission to control the quality of the state's air; $382.012, which authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air; 9382.019, which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles; $382.0191, which authorizes use of a sleeping berth for a government-mandated rest period; and 9382.208, which authorizes the commission to develop and implement transportation programs and other measures necessary to demonstrate attainment and protect the public from exposure to hazardous air contaminantsfrom motor vehicles. The proposed amendments implement TWC, $5.103, THSC, $9382.002, 382.011, 382.012, 382.017, 382.019, 382.0191, and 382.208, and SB 12, Article 4, 80th Legislature,2007.



## 32 TexReg 6992 October 

## 5,2007 Texas Register5114.512. Cot~tml Requiremenrs for Motor VehicleIdling (a) (No change.) (b) No driver using the vehicle's sleeper berth may idle the vehicle: in a residential area as defined by Local Government Code, $244.001, in a school zone. within 1,000feet of a hospital, or within 1,000 feet of a public school during Its hours of operation. An offense under this subsectionmay be punishable by a fine not to exceed $500. This subsectionexpires September I,

### 2009 [W]. $114.517. Exemptions. The provisions of 8114.512 of this title (relating to Control Requirements for Motor Vehicle Idling)do not apply to: (1) a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less and [if kfwe Sqxemk

### k ?AN&] does not have a sleeper berth; a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less, after September 1, 2009; 

### 12) 

### [@I a motor vehicle forced to remain motionless be- cause of traffic conditions over which the operator has no control; (4J 

# [a] a motor vehicle being used by the United States military. national guard, or reserve forces, or 

### as an emergency or law enforcement motor vehicle; 

### [@+I the primary propulsion engine of a motor vehicle providing a power source necessary for mechanical operation, other than propulsion. and/or passenger compartment heating, or air conditioning; 

### $J 

### [W]the primary propulsion engine of a motor vehicle being operated for maintenance or diagnostic purposes; (7J 

### [@I the primary propulsion engine of a motor vehicle being operated solely to defrost a windshield; @J 

# [m] the pnmary propulsion engine of a motor vehicle that is being used to supply heat or air conditioningnecessary for passengercomfortand safety in vehicles intended for commercialor public passenger transportation,orpassenger transit operations,in which case idling up to a maximum of 30 minutes is allowed; 

### [@I the primary propulsion engine of a motor vehicle being used to provide air conditioning or heating necessary for employee health or safety while the employee is using the vehicle to perform an essentialjob functionrelated to roadway constructionormaintenance; (10) 

### [@)I theprimary propulsion engineof a motor vehicle being used as airport ground support equipment; (11) 

### [MI the ownerof a motor vehicle rented orleased to a person that operates the vehicle and is not employed by the owner;or (12) 

## [+&&)Ia motor vehicle .when idling is necessary to power a heater or air conditioner while a driver is using the vehicle's sleeper berth for a government-mandatedrest period and is not within two miles of a facility offering external heating and air conditioning connections at a time when those connections are available. This subsection expires September 

### 1,2009

### [-I. This agency hereby certifiesthat the proposalhas been reviewed by legalcounsel andfoundto bewithin the agency's legalauthority to adopt. Filed with the Office of the Secretary of State on September 21, Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: November 4, 2007 For furlher information,please call: (512) 239-2461 

## TITLE 31. 

## NATUR 

## L RESOURCES AND CONSERVATION 

# 4
PART 2. 

# TEXAS 

# WILDLIFE CHAPTER 

## 53. FINAN 

## E SUBCHAPTERA. FE DIVISION 1. 

## LICENS PERMIT, AND BOAT AND MOTOR FEES 31 TAC 353.16 

# f

The Texas Parks and partment (the department) proposes an amendment concerning Vessel, Motor,and Marine Licensing Fees.



### ter.

Robert Macdonald, Regula inator, has determined that for each of the first fiv rule as proposed is in effect, there will be minima ~mplications to the departlicenses are renewedand no new license issued after the department will realize $1 25 two-year period thereafter. T no method for determining future demand. 

## -



## PROPOSED RULES October 

## 5,2007 32 TexReg 6993

# WRITTEN AND ORAL TESTIMONY

### INDEX OF WRITTEN TESTIMONY

Reference Number Submitted 

## Bv Laura Fiffick,

### City of Dallas Dennis Jenkins, on behalf of himselfPAGE: 02/03 

# W-1

CITY 

### OF DALLAS



## October 22,2007 

## !
Lesley 

## Wij.li.amson ' 

## M.C 205 

## Office of

## Legal Services 

## Texai Commission 

## on Envi.rom.ental

## Quality ' 

## P.O.. Box 13087 

## Austin, TX 

## 7871.1.-3087 Dear 

## Ms. 

## Williamson: Re: 

## RulePrqject

## Number 2007-04 1-1

## 14-EN 

# The City of Dallas 

## appreciates the opportunity to commton the 

## proposed changes 

## to the LocallyEnforced Motor 

## Vehicle 

## Idlingrule. The success 

## of

## thisrule 

## and theproposed changes 

## are of

## great importmcc 

## in order

## to 

## irnprove'air quality 

# in.OW 

## region 

## and protect the 

## hcalth of 

## ci-hens 

## who live 

## and

## work in

## North Cmtral

## Texas. The Cj,ty

## .of

## Dallas worts

# the proposed 

## amendment to 

## the Motor Vehicle 

## Idling Itule 

## which would prohibit idling by 

## drivers using .the 

## vchiclc's sleeper 

## berth. 

# jn resj.dmtia1 

## arcas or within, 

## 1.,000

## feet of a.

## hospital. Diesel emissions 

## fr0.m

## heavy duty 

## truoks as 

## well 

## as buses are 

## a major concern,

## for the 

## Dallas-Fort Worth 

## nine county 

## non-aftahnent area 

## because 

## they comprise approximately

## fiftypercent ofNOx emissionsfor 

## on-road sources 

## in our 

## region. 

## Thh large 'percentageis 

## of 

## particular 

## concern given that 

## diesel 

# emissions fkom 

## motor vehicles contribute

## to health pkblsms such as prem,ature

## death, cancer, 

## heart attacks, 

## cardiovascdardisease, 

## emphysema, and 

## nsthma. 

## Wc therefore 

## beLieve 

## this ruleto impose 

## additi.od

## restrictions on idling, 

## which rdedses 

## harxnfu.1 airbomc 

## contaminants, will help £irthcr 

## protect:

## the 

## health and well-being 

## ofkitizens 

## in our 

## region. Because emissions from 

## diesel engines

## pose such 

## a large 

## health 

## threat 

## to 

## our citizens,

## th,e City 

## of Dallas would 

## like to advocate 

## for the 

## Commission to 

## ~onsider 

## changingthc 

## time frame that the Locally 

## Enforocd Motor Vehicle 

## Idling 

## rule 

## is effective to 

## year round 

## versus the 

## current 

## period, 

## of ozone season. 

## Extending the time 

## hmme to 

## twelve 

## months will 

## allow for 

## furtha protection 

## against &ese harmful 

## en~issions as 

## well. as enhance education,enforcement,

## ad compliance.

.

OFFICE OF ENVIRONMENTALOUALITf 1500MAFUUA, EFN DAU.I\B;TEW\S 76201 TELEPHONE 414/810-5n3ENVIRONMENTAL 

### QUALIT PAGE 03/03



## October 22,2007 

## Re: 

## Rule Piojcct

## Number 2007-041-1 

## 1.4-EN Pqc2



## The City 

## ofDallas also 

## supportsthe 

## amendment to 

## prohibit 

## idling to

## powm a

## heaimor air 

## conditioner

## ifthe vehiole 

## is 

## within two 

## mi1.e~ of a 

## facility offcring external.

## heating 

## and air conditioning connections at 

## a time 

## when those connections are 

## availa.ble. Emuging 

## technologies such 

## as 

## Truck Stop Electdhcation Devices arc 

## eflcctive for 

## reducing idljng 

## and the 

## proposed change will 

## 11,elp

## encourage vehicle owners 

## 'to use 

### such 

## deviocs as dtematives to mqhg

## their cngincs 

## for 

## 11.dng

# and cooling. Thc City 

## hopes 

## to 

## work more closely 

## with 

## th~ State 

## and Federal government 

## in order to ensure tbat 

## more truck 

## stop electrj5,cntion devicas ate 

## installed

## in the DsUas-Fort Worthnon-attainment

# area The City 

## would also Like to 

## express its support 

## for the 

## Commissions deei.sion 

## to ~larify that 

## after September 

## 2009 

## vehicles 

## with a Gross 

## VeMcle 

## Weight Rating 

## will no longer

## be exempt 

## from the 

## Locdly Enforced Motor 

## Veh.iole Idling 

## rule. Like 

## diesel 

## emissions, 

## gasoline crnissionscan also cause

## adversehedill &em 

## such

## as nose 

## andthroatirritation, 

## headaches, 

## diahess, nausea, vomiting, 

## and breWg

## dfiouities and we 

## feel. that 

## this changewiIl provide safeguards 

## for 

## citizens

## breathing emissionvapors. 

## TheCity 

## of 

## Dallas is a proponent oflocal 

## governmentinvolvemmt

## in assisting

## the 

## Texas

## Commission on 

## Enviionmentnl. Qudity 

# (TCEQ) wirl1. enforcingthe Motoi Vehicle 

## Idling 

## Rule 

## in orderto 

## achieve 

## effective implementation. 

## In May 2007, the 

## Dallas 

## City Council passed 

## an ordinanceprohibiting 

## motor vchicles 

## with a 

## pss wight 

## of 14,000 

# &om idling 

## fm more than five 

## minutes. Enforcement of 

## this ordinance 

## will begin in.

## April 

## 1, 2008. 

## The City of 

## Ddlas has 

## also

## worked collaborative1y

## with the 

## TCEQ and 

## tlie North 

## Cenbfal 

## Texas Council of Governments 

## to 

## develop a 

## Memorandum. of 

## Agreement (MOA) 'ro 

## delegate 

## the enforcment of 

## the Motor 

## Vehicle Idling 

## Rule to the 

## City 

## of Dallas. llle 

## MOA was written,jn. 

## a 

## manner so 

## that other 

## citics 

## in the 

## North 

## Central 

## Texas 

## region who 

## am consjderiag 

## adopting idling 

## ordinances 

## can enter into 

# a MOA with the 

# TCEQ using the

## same

## format. We 

## look fod 

## to our 

## continued 

## involvement in clean air 

## issues across the 

## region and 

## Atture discussions betwccn the 

### Cj.Q

## of 

## Dallas 

## and the 

## TCEQ. 

## .If you.

## have 

## an.yquestions

, 

## concdg

## tb.e efforts of 

## the City of 

## Dallas, please feel fiee 

## to contact meat 21.4-670- 1200. 

## Sincerely,

### From: -=autoartetc@sbcglobal.net> To: 

### -=autoartetc@sbcglobal.net> Date: 

### Wed, Oct 17,2007 6:33 

### PM 

### Subject: 2007-041-114-EN

This email is a confirmation of the commentthat was submitted for the referenced rulemaking. First Name: Dennis I 

### Last Name: Jenkins

' 

### CompanylOrganization:

E-mail Address: autoartetc@sbcglobal.net 

### StreetAddress: 9300 Breish Ct. City: El Paso State: TX Zip Code: 79925-51 21 Phone Number: 915-591-8517 Fax Number: 915-591-8517 Rule: 2007-041 -1 ICEN Comments:

1 

### am infavor ofSENDING the OXYGENATED 

### FUEL PROGRAM, it may of helped or may not of helped.



## . If 

### I hadto use more fuel to drivethe same distance, what good did it ever do. During oxygenated fuel season my gas mileage always dropped, therefor 

### Ialways belived 

### Iwas putting out approximatelythe same amount of carbon monoxide as getting better mileage on standard fuel.

Thank you for your time.

L' 

### Dennis Jenkins

### INDEX OF ORAL TES'I'IMONY

Reference Number Submitted by



### No oral testimony was received pertaining to this proposal.

# EVALUATION OF

TESTIMONY

# Texas Commission on Environmental 

# Quality INTEItOFFICE MEMOIWDUM



### To : 

### Con~missioners Date: 

### January 1 

### 1, 2008 Thru: 

### LaDonna Castaiiuela, Chief Clel-I< Glenn Shanltle, Executive Director

r 

### From: 

### David C. Schanbacher,P.E., Chief Engineer 

# ~7 Chief Engineer's Office 

# v

Doclcei No.: 

### 2007-099 1

## -Rn Subject: 

### Commission Approval for Rulemalting Adoption Chapter 1 

### 14, Control of Air Pollution from Motor Vehicles SB 12 

## -Idling of Motor Vehicles Rule Project No. 2007-041-1 14-EN Scope of 

### the rulemalung: 

### The adopted rule would implement changes to 30 Texas Administrative Code 

### (TAC) Chapter 1 

### 14, Control of Air Pollution from Motor Vehicles as a result of Senate Bill 

## (SB) 12. The adopted rule would extend prohibitions on the commission to adopt rules restricting certain idling activities from September 1, 2007, to September 1, 2009. This rulemaking would prohibit idling within 1,000 feet of .a.hospital and in residential areas. Finally, vehicles with sleeper berths used for a government-mandated rest period would be prohibited from idling if an electrification facility that provides external heat.and air conditioning hook-ups .is located within two miles of the stop. The amended sections w,ill be submitted to the United States Enviro~lmental Protection Agency (EPA) as a revision to the state implementation plan (SIP).
Reasons for 

### the rule package: 

### Tile ~-uleinal<ing would implement SB 12, Article 4, 80th Legislature, 2007, which .in part amended the Texas Health and Safety Code, Chapter 362, Subchapter B, 5382.0191, Idling of Motor Vehicle While Using Sleeper Berlh. The legislati011 prohibited vehicle idling in residential areas (as defined by $244.001 of the Local Gove~n~nent Code) and within 1,000 feet of hospitals. SB 12 extended the expiration of prohibitions on the cornmission lo adopt rules restricting certain idling activities from September 1,2007, to September 1, 2009. Statutory Authority:


### The an~endlnents are adopted under Texas Water Code (TWC), 

### $5.103, which authorizes the commission lo adopt rules necessary to cany out its powers and duties under tile 

### TWC: and ~~ndel- 

### Texas Health and Sxlety Code, Texas Clean Air Act (TCAA), $382.01

### 7, which provides the com~nission with the authority to adopt rules consistent with the policy and purposes ofthe TCAA. The 

### aniendrnents are also adopted under TCAA, $362.011, wliicli authorizes the commission lo control the quality of the state's air; $382.0 12, which authorizes tlle co~nmission to prepare and develop a 

### general, compl-ehensiveplan fo~ the control of tlie state's air; $382.019, which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles; $382.0191, which authorizes use of a sleeper berth for a government-ma~ldated rest period; and $382.208, which authorizes the commission to develop and implement transportation programs and other measures necessaly to demonstrate attainment and protect tlie public from exposure to hazardous air contaminants from motor vehicles.

### Con-lmissionel-s Page 

### 2 .lan~ial*y 

### 30, 

### 3008

The adopted amendments iniplemel~l TWC, $5.103, TJ-ISC, $$382.01I, 

### 382.012, 382.01

## 9, 382.0191, and 382.208, and 

### SB 12,

### Article 

## 4, 80th Legislalure, 2007. Potentially controvel'sial matters:
No controversial issues have been identified related to this adol~ted rulemalcing.
Public 

### comment: The prol~osed rules were published in the October 5, 2007, issue of 

### the 

## Texas Kegisler (32 TexReg 69'12).A public Ilearing on this adoption was held on October '22, 2007. 

## The City of Dallas submifled written comments in support of the rulemalcing. One individual submitted a written colnlnent not directly relatecl to the idIing rulemalcing. Significant changes from proposal: 

## No significant cha~iges 

## from proposal have been made. 

## Key points in 

### adoption rulemalcingschedule:

I , . 

### TCXCIS Register proposal publication date: October 5,2007 Six-month 

### TcxcuRegister filing deadline: April 7,2008 Anticipated 

### Ta-RS Register publication date: February 

### 15,2008 Anticipated effective clate: February 21,2008 Agency contacts: Theodore ICosub, Rule Prqject Manager, 239-5609, Air Quality Division John Minter, StaffAttorney, 239-0663 John Gaete, TexasRegister Coordinator, 239-6091
Attachments

cc: Chief Clerlc, 5 copies Executive Directola'sOffice David C. Schanbacller, 

## P.E. Ashley 

## IC. Wadick Daniel Womaclc Zak Covar Office of General Counsel Theodore Icosub Jolln Gaete

### EVALUATION OFTESTIMONY

The Texas Commission on Environmental Quality (commission or TCEQ) adopts amendments to tj 

### 114.512 and tj 

### 114.51 7 without changes 

### to the proposed text as published in the October 5,2007, issue of
the TexasRegister 

### (32 TexReg 6990) and will not be republished.

The amended sectionswill be submitted to the United States EnvironmentalProtection Agency (EPA) as

a revision to the state implementation plan (SIP).

BACKGROUNDAND SUMMARY OF THE FACTUAL BASIS FOR 

## THE ADOPTED RULES Chapter 114, Subchapter

### J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor
Vehicle Idling Limitations, was adopted on November 17,2004, at the request of the local air quality planning organization in the Austin Early Action Compact (EAC) area (Bastrop,Caldwell, Hays, Travis,
and Williamson Counties)for use as a control strategy in its EAC agreement to maintain attainmentwith
the federal eight-hour ozonenational ambient air quality standards (December 3,2004, issue ofthe Texas Register 

### (29 TexReg 

### 1 1355)). The rule package also provided local governments in other areas ofthe
state the option of applying these rules in their areas when additionalcontrol measures were needed to achieve or maintain attainment of the federal eight-hour ozone standard in the future.

The concept of an early, voluntary eight-hour air quality plan, or EAC was endorsed by EPA Region 6 in
June 2002 then slightly modified and made availablenationally in November 2002. A key point of an EAC is the flexibility afforded areas to select emissionreduction measures such as limiting vehicle idling. On August 1,2005, members ofthe Austin EAC and the commission signed the locallyenforced idling restrictionsmemorandum of agreement (MOA). This MOA allowed participating countiesto enforce the idlingrestriction rule in theirjurisdictions. Members ofthe Austin EAC area signing the MOA included

### the counties ofBastrop, Caldwell,Hays, Travis, and Williamson and the cities ofAustin, Bastrop, Elgin, Georgetown,Hutto, Lockhart, Luling, Round Rock, and San Marcos.

In 

### meetings with officials of the Austin EAC to developthe idling rule MOA, concerns arose regarding language in the locally enforced idling restrictions. Austin EAC members voiced concern that parts of $114.5 17,Exemptions, were ambiguous and needed revision. Members ofthe Austin EAC felt that $ 

### 114.5 17(7)and (8) could be misinterpreted to mean that a transit vehicle could idle for a total of one
hour. There was also concern that the commission's rule conflicted with Texas Department of Transportation (TxDOT) guidelines for vehicle idling by employees. Austin EAC membersbrought to the commission's attention TxDOT's policy regarding idling. The guidelines advise employeesto idle their vehiclesto operate the air conditioneror heating system for employee health and safety while they perform an essential job functionrelated to roadway construction or maintenance. 

## In many instancesonroad and off-road vehicles at roadway construction sites must remain in idle mode during normal operations. The commission agreed with the Austin EAC members that the locally enforced idling restrictions should be 

### revised in light of these concerns. At the request of the Austin EAC members, the commission adopted revisions to the locally enforced motor vehicle idling rule (May 12,2006, issue of
the 

## TexasRegister 

### (3 1TexReg 3900)).



## In that same rulemaking,the commission also adopted revisions tothe idling rule to conform to legislation passed in 2005. The 79th Legislature,2005, passed House Bill 

## (HB) 1540, amending Texas Health and Safety Code (THSC), Chapter 382, SubchapterB, $382.0191, Idlingof Motor Vehicle While Using Sleeper Berth. The bill, stated that the "commission may not prohibit or limit the idling of a motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle's sleeper berth for a govemment-mandatedrest period." 

## In addition, the bill stated that, "no driver using the vehicle's sleeper berth may idlethe vehicle in a school zone or within 1,000feet of a public school

### during its hours of operation," or else be subjectto a fine not to exceed $500.

This rulemaking amendedthe rule on idling limits for gasoline and diesel-powered engines in motor vehicles within thejurisdiction of any local governmentin the statethat has signed an MOA with the commission to delegate enforcementto that local government. Local enforcement is crucial to the
effective implementationofrules to reduce the extended idling of gasoline and diesel-poweredheavyduty vehicles and will help to ensure the reduction in nitrogen oxides 

### (NO,) and volatile organic compound (VOC) emissions, which is needed by local governmentsto achieve or maintain attainment of
the federal eight-hour ozone standard. These idling limitswill lowerNO, emissions and otherpollutants from fuel combustion. Because NO, is a precursorto ground-level ozone formation, reduced emissions
ofNO, will result in ground-level ozone reductions.



## In May 2007, the 80th Legislature passed SenateBill (SB) 12,which in part 

### amended THSC, 5382.0191.
The legislation furtherprohibited vehicle idling in residential areas as defined by Local Government Code, 5244.001 and within 1,000 feet ofhospitals. The legislation also prohibited vehicles with sleeper
berths from idling if 

## an electrification facility with externalheat and air conditioning hook-ups is located
within two miles of where they are stopped. SB 12 extended the expiration ofprohibitions on the commission from adopting rules restricting certain idling activitiesfrom September 1,2007,to September 1,2009. Currently,there are no federal regulations governing idle time for motor vehicles. The requirements developed by the commission for this NO, emission reduction strategy will result in restrictionson the
time allowed for motor vehicle idling.

### SECTION BY SECTIONDISCUSSION $1 14.51 

### 2, Control Requirements for Motor Vehicle Idling The adopted amendmentto § 

### 1 

### 14.5 12(b),Control Requirements for Motor Vehicle Idling,prohibits idling by drivers usingthe vehicle's sleeperberth in residential areasasdefined by Local Government Code, 5244.001, or within 1,000 feet of a hospital. Additionally, the expirationof this subsection will be changed from September 1,2007,to September 1,2009.

$1 14.51

### 7,

### Exemptions The adopted amendment to § 

### 1 

### 14.5 17(1),Exemptions, will change the expiration date of these paragraphs from September 1,2007,to September 1,2009. Adopted § 

### 114.517(2)has been added to clarifythat after September 1,2009, vehicles with GrossVehicle WeightRating (GVWR) of 14,000pounds or less will no longerbe exempt from the requirementsof § 

### 1 14.5 12. The current exemptionslisted asparagraphs (2)- (1 1)ofthis section are renumbered asparagraphs (3)-(12) for consistency. Renumbered § 

### 114.517(12)is amended by changing the expiration date ofthe paragraph from September 1,2007, to September 1,2009. The adopted amendmentto § 

### 114.5 17(11)will alsoprohibit idling to power a heater or air conditioner if
the vehicle is within two miles of a facility offeringexternal heating and air conditioningconnections at a time when those connections are available.

The amendments to § 

### 1

### 14.5 12 and § 

### 1 

### 14.5 17are adopted to ensure that the rules are consistent with the requirements set forth in SB 12.

FINAL REGULATORY IMPACTANALYSIS DETERMINATION The commission reviewed the adopted rulemaking action in light ofthe regulatory analysisrequirements of Texas Government Code, $2001.0225, and determinedthat the rules are not subjectto $2001.0225 because although the adoptionmeets the definition of a "major environmentalrule" as defined the statute,

### it does not meet any of the four applicability requirements listed in 52001.0225(a).

The regulatory analysisrequirements ofTexas Government Code, 52001.0225 only apply to a major environmentalrule, the result ofwhich is to: 1) exceed a standard set by federal law, unless the rule is specificallyrequired by state law; 2) exceed an express requirement of state law, unless the rule is specificallyrequired by federal law; 3) exceed a requirement of a delegation agreement or contract between the state and an agency or representative ofthe federal governmentto implement a state and
federal program; or 

### 4) adopt a rule solely under the general powers ofthe commission instead of under a specific state law. Specifically, the adoption will amend the rules that limit heavy-duty motor vehicle idling with thejurisdiction of any local government in the state that has signed an MOA with the
commissionto delegateenforcementto that local government. The adopted amendments will implement changes to THSC, 5382.0191 as a result of passage of SB 12in the 80th Legislature, 2007. The legislation further prohibited vehicle idling in residential areas and within 1,000feet of hospitals. The legislation also prohibited vehicleswith sleeperberths from idling if an electrification facility with
external heat and air conditioninghook-ups is located within two miles of where they are stopped. SB 12
extendedthe expiration of prohibitions on the commission from adopting rules restricting certain idling activities from September 1,2007,to September 1, 2009. Currently, there are no federal regulations governing idle time for motor vehicles. These adoptions therefore do not exceed an expressrequirement
of federal law. The amendments

### are needed to implement state law but do not exceed those new requirements. The adopted rules do involve a compact (in particular, the Austin EAC), which is an agreementbetween the state and federal governmentto implement a state and federal program, however,
the adopted amendments do not exceed the requirementsof that compact. Finally, this adopted rulemakingwas not developed solely under the general powers ofthe commission, but is authorizedby specific sectionsofTHSC, Chapter 382, which are cited in the STATUTORY AUTHORITY section of this preamble, including 5382.012 and 5382.0191. Because this rulemaking does not meet any ofthe four

### applicability requirements, Texas GovernmentCode, $2001.0225(b)does not apply, and a regulatory impact analysis is not required.

The commission invited public comment regardingthe draft regulatory impact analysis determination during the public comment period, but did not receive any comments during the public commentperiod.

TAKINGS IMPACT ASSESSMENT Under Texas Government Code, $2007.002(5), "taking" means a governmental action that affects private
real property, in whole or in part or temporarily or permanently, in a manner that requires the governmental entity to compensatethe private real property owner as provided by the Fifth and
Fourteenth Amendments to the United States Constitution or $17 or 

# 5 19,Article 

## I, Texas Constitution;or

a governmental action that affects an owner's private real property that isthe subject of the governmental action, in whole or in part or temporarily or permanently, in a manner that restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action; and is the producing cause of a reduction of at least 25% in the market value of the affected private real property, determined by comparingthe market value ofthe property as ifthe governmental action is not in effect
and the market value ofthe property determined as ifthe governmental action is in effect.

The commission completed a takings impact assessmentfor the adopted rules. Promulgation and
enforcementofthe rules will not affect private real property in a manner that would require compensation

to private real property owners under the United States Constitution or the Texas Constitution. The adopted rules will not affect private real property in a manner that restricts or limit an owner's right to the property that would otherwise exist in the absence of the government action. Therefore,the adopted rules will not cause a "taking" asdefined under, Texas GovernmentCode, $2007.002(5).

### CONSISTENCY WITH THE 

### COASTAL MANAGEMENT PROGRAM The commission reviewed the adopted rulemaking action and found that the adoption is an action identified in Coastal Coordination Act Implementation Rules, 3 1 

### TAC $505.11, that will affect an actionlauthorization identified in $505.1 1, and therefore will require that applicable goals and policies ofthe Texas Coastal Management Program (CMP)be considered duringthe rulemakingprocess.

The commission determinedthat under 3 1TAC $505.22, the adopted rulemaking action is consistentwith the applicable CMP goals and policies. The CMP goal applicable to this rulemaking action is the goal to protect, preserve, and enhance the diversity, quality, quantity, functions, and values of coastal natural resource areas (31 TAC $501.12(1)). No new sources of air contaminantswill be authorized and ozone levels will be reduced as a result ofthe adopted rulemaking. The CMP policy applicable to this rulemaking action is the policy that commission
rules comply with regulationsin 40 Code ofFederal Regulations, to protect and enhance air quality in the coastal area (31TAC $501.14(q)). This rulemakingaction complies with 40 Code
of FederalRegulations. Therefore,in compliancewith 31 

### TAC $505.22(e), this rulemaking action is consistentwith CMP goals and policies.

The commission invited public comment regardingthe consistency with the coastal management program duringthe public comment period, but did not receive any comments during the public comment period.

PLBLJC COMMENT The public hearing on this adoptionwas held in Austin on October22,2007, at 10:OO a.m. at the
Texas Commission on Environmental Quality complex located at 121 00 Park 35 Circle in BuildingF, Room 2210.

## The City of Dallas submitted written comments in support ofthe rulemaking. One individual submitted a written commentnot directly related tothe idling rulemaking.

RESPONSE TO COMMENTS Support ofRule 

## The City of Dallas commented that the city is in support of all changesproposed to Chapter 1 14 

## because they are of great importance in the effortto improve air quality.

The commission appreciatesthe support forthe changes in this rule. No changes were
made 

## as a result of this comment.



### Year Round Idling Restrictions Comment 

## The City ofDallas commented that they are in support ofyear-round idling restrictions and asked ifthe effective period could be moved from during ozone season to year-round.

Thecommission acknowledges the request to implementyearround idling restrictions. This particular rulemaking is limited to implementation of changes found in 

## SB 

## 12. The
commission did not propose to changethe idling season to year-round. No changes tothe idling restriction season were made 

## as a result of this comment. Theidling limitationswill remain, asthey currently exist forconsistency with the 

### SIP.

Non-IdlingRule Comments An 

## individual commented in 

## favor of ending the oxygenation he1program in the El Paso area.

### The commission appreciatesthe commenter's interest in air quality. The comments do
not relate to the proposed idling restriction amendments and no changes have to the rule
have been made in response to them.

# STAFF RECOMMENDATIONS

### SUBCHAPTER

### J: OPERATIONAL CONTROLS FOR MOTOR VEHICLES
DIVISION 2: LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS §114.512,§114.517

STATUTORY AUTHORITY
The amendments are adopted under Texas Water Code (TWC), $5.103,which authorizesthe commission

to adopt rules necessary to carry out its powers and duties under the TWC, and under Texas Health and Safety Code (THSC), Texas Clean Air Act (TCAA), $382.01 7, which provides the commission with the authority to adopt rules consistent with the policy and purposes ofthe TCAA. The amendmentsare adopted under TCAA, $382.0 11, which authorizes the commission to control the quality ofthe state's air; $382.012, which authorizesthe commission to prepare and develop a general, comprehensiveplan for the
control of the state's air; $382.019, which authorizesthe commission to adopt rules to control and reduce
emissionsfrom enginesused to propel land vehicles; $3 82.0 191, which authorizesuse of a sleeping berth
for a government-mandated rest period; and $382.208, which authorizesthe commission to develop and implement transportation programs and other measures necessary to demonstrate attainment and protect the public from exposure to hazardous air contaminantsfrom motor vehicles.

The adopted amendments implementTWC, $5.103, THSC, 

### $$382.002,382.011,382.012,382.017, 382.019, 382.0 191, and 382.208, and 

### SB 12,Article 4, 80th Legislature,2007.

5114.512. Control Requirements for Motor Vehicle Idling.

(a)No person shall cause, suffer, allow, or permit the primary propulsion engine of a motor vehicle to idle for more than five consecutive minutes when the motor vehicle, as defined in 

## 9 114.510 of

### this title (relating to Defmitions), is not in motion during the period ofApril I 

### through October 3 

### 1of each
calendaryear.

(b)No driver using the vehicle's sleeper berth may idle the vehicle: in a residential area as defined by Local Government Code, 5244.001, in a school zone, within 1,000 feet of a hospital, or within 1,000
feet of a public school during its hours of operation.An offense under this subsection may be punishable by a finenot to exceed $500. This subsection expires September 1,2009.

5114.517. 

### Exemptions.
The provisions of 

# 5114.5 12 ofthis title (relating to Control Requirements for Motor Vehicle Idling) do not apply to:

(1) a motor vehicle that has a gross vehicle weight rating of 14,000pounds or less and
does not have a sleeper berth;

(2) a motor vehicle that has a gross vehicle weight rating of 14,000pounds or less, after September 1,2009;

(3) 

### a motor vehicle forced to remain motionlessbecause oftraffic conditions over which
the operator has no control; (4) a motor vehicle being used by the United Statesmilitary, national guard, or reserve forces, or as an emergency or law enforcementmotor vehicle;

### (5) the primary propulsion engine of a motor vehicle providing a power source necessary for mechanical operation, other than propulsion, andlor passenger compartment heating, or air conditioning;



### (6) the primary propulsion engine of a motor vehicle being operated for maintenance or diagnostic purposes;

(7) the primary propulsion engine of a motor vehicle being operated solely to defrost a windshield;

(8) 

### the primary propulsion engine of a motor vehicle that is being used to supply heat or air conditioning necessary for passenger comfort and safety in vehicles intended for commercial orpublic
passenger transportation, or passenger transit operations, 

### in which case idling up to a maximum of 30
minutes is allowed;

(9) 

### the primary propulsion engine of a motor vehicle being used to provide air conditioning or heating necessary for employee health or safety while the employee is using the vehicle to perform an essentialjob function related to roadway construction or maintenance;

(10)the primary propulsion engine of a motor vehicle being used as airport ground support equipment;

(11) 

### the owner of a motor vehicle rented or leased to a person that operates the vehicle and
is not employed by the owner; or

### (12) a motor vehicle when idling is necessary to power a heater or air conditioner while a
driver is using the vehicle's sleeper berth for a government-mandated rest period and is not within two miles of a facility offering external heating and air conditioning connections at a time when those connections are available. This subsection expires September 

### 1,2009.

# tod;rmeCast&&. 

### CM-CleC

## ..-. ---., 

### ORDER ADOPTING AMENDED RULl?kP94" h%r~~~~~~~' ~*''~y 

### REVISION TO THE STATEIMPLEMENTATION PLAN



## DocketNo. 2007-0991 -RUL On January 30,2008, the Texas Commission on Environmental Quality (Commission), during apublic meeting, consideredadoption of amended 

# $8 114.512 and 114.517. The Commission adopts this amendmentin Chapter 114,Control of Air Pollution from Motor Vehicles, SubchapterJ, 

## Operational Controls for Motor Vehicles, Division 2, Locally EnforcedMotor Vehicle IdlingLimitations; and corresponding revision the state implementation plan (SIP). The revision implements SenateBill.12,Article 4, 801h Legislature, 2007 which extendsthe prohibition on Commission adoption ofcertain idlingrestrictions, prohibits idling near hospitals and residential areas, andrestricts idling of vehicleswith sleeperberths within 2 miles of a vehicle heating and air conditioninghook-up facility. Under Tex. Health & 

## Safety Code hf~. 

## $$ 382.0 11,382.012, and 382.023 (Vernon 2001),the Commission has the authority to control the qualityofthe state's air and toissue orders

. 

## consistent with the policies 

## andpurposes of the Texas CleanAir Act, Chapter 382 of the Tex. Health & 

## Safety Code. Theproposed amendmentswere published for commentin the October 5,2007 issue ofthe 

## Texas Register (32TexReg 6992). Pursuant to Tex. Health & 

## Safety Code h. 

## $ 382.017 (Vernon 2001), Tex. Gov't Code Chapter 2001 (Vernon 2000 & 

## Vernon Supp. 2005), and 40 Code of Federal Regulations $ 51.I02 and after proper notice, the Commission conducted a public hearing to consider the amendments and revision the SIP. Proper notice includedprominent advertisement

## in the areas affected at least 30 days prior to the date of the hearing. A public hearing was held in 

## Austin on October 22,2007.

, 

## The Commission circulated hearing notices of its intended action to the public, including interested persons, the Regional Administrator of the EPA, and all applicable local air pollution control agencies. The public was invited to submit data, views, and recommendations on the proposed amended rules and SIP revision, either orally or in writing, at the hearing or during the comment period. Prior to the scheduled hearing, copies of the proposed amended rules and SIP revision were available for public inspection at the Commission's central office and on the Commission'sWeb site. Data, views, and recommendations of interested persons regarding the proposed amended rules and SIP revision were submitted to the Commission during the comment period, and were considered by the Conlmission as 

## reflected in the analysis of testimony incorporated by reference to this Order. The Coinnlission finds that the analysis of testimony includes the names of all interested groups or associations offering comment on the proP6sed amended rules and the SIP revision and their position concerning the same. IT IS THEREFORE ORDERED BY THE COMMISSION that the amended rules and revision to the SIP incorporatedby reference to this Order are hereby adopted. The Comnlission further authorizes staffto make any non-substantive revisions to the rules necessary to con~ply with 

## TexasRegister requirements. The

### adopted rules and the preamble to the adopted rules and the revision to the SIP are incorporated by reference in this Order as if set forth at length verbatim in this.Order.
IT IS FURTHER ORDERED 

## BY THE COMMISSION that on behalf of the Commission, the Cha'irinan should transmit a copy of this Order, together with the adopted rules and revision to the SIP, to the ~e~ional Administrator of EPA as a proposed revision to the Texas SIPpursuant to 

### tile Federal Clean Air Act, codified at 42 U.S. Code Ann. 

### $$ 7410 

## - 7671q, 

### as amended.
This Order constitutes the Order of the Collll~lission required by the Ad~ninistrative Procedure Act, Tex. Gov't Code, $2001.033 (Vernon 2000 & 

### Vernon Supp. 2005).
If any portion of this Order is for any reason held to be invalid by a court of conlpetentjurisdiction, the invalidity of any portion shall not affect the validity of the I-emaining portions.

Date issued: 

# FEB 05 

# 2001 TEXAS COMMISSION ONations Code, 5505.155,licies that clearly sepadirector and staff ofthe

blish a specialty area to a licensed master by the board; and byires the board to esuirementsfor license the adoptionhas been reviewed a valid exerciseof the agency's legal authorii. Filed with the Office of the ~ebfy of State on Februafy I.



### 22 TAC 8781.609 

# I TRD-200800577 Jeannie McGuire, LBSW Chair Texas State Board of Social Workel Effective date: February 21, 2008 Proposal publicationdate: Novembar For further information,please call:

STATUTORYAUTHORITY 

# I Examiners 16, 2007 (512) 458-7111 x6972

The repeal is authorized by ions Code, 5505.155, which

ures for recognition of indeCode, 5505.203, which auccupations Code, 5505.254, rules concerning an investioard; by Occupations Code, to establisha specialty area

Occupations Code, 5505.4 ich requires the board to esholders. the adoption has been reviewed a valid exercise of the agency's legal authority. Filed with the Office of the Se 2008. TRD-200800578 Jeannie McGuire, LBSW Chair Texas State Board of Social Worke Effective date: February 21, 2008 Proposal publicationdate: Noveml For further information. please call: etary of State on February 1,

ixaminers



## TITLE 30. 

## ENVIRONMENTAL QUALITY 

# PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 

## 114. CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES SLTBCHAPTER

## J. OPERATIONAL CONTROLS FOR MOTOR VEHICLES DIVISION 

## 2. LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS 30 TAC Q114.512,8114.517 The Texas Commission on Environmental Quality (commission or TCEQ) adopts amendmentsto 5114.512 and 5114.517 without changesto the proposed text as published inthe October 5, 2007, issue of the Texas Register(32 TexReg 6990) and will not be republished. The amended sections will be submitted to the United States Environmental Protection Agency (EPA) as a revisiontothe state implementation plan (SIP). BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES Chapter 114, SubchapterJ, Operational Controls for Motor Vehicles, Division2, Locally Enforced Motor Vehicle Idling Limitations, was adopted on November 17, 2004, at the request of the local air quality planning organization inthe Austin EarlyAG tion Compact (EAC) area (Bastrop, Caldwell, Hays, Travis, and Williamson Counties) for use as a control strategy in its EAC agreement to maintain attainment with the federal eight-hour ozone nationalambient air quality standards(December3,2004, issue of the Texas Register (29 TexReg 11355)). The rule package also provided local governments in other areas of the state the option of applying these rules in their areas when additional controlmeasureswere needed to achieveor maintainattainment of the federal eight-hour ozone standard inthe future. The concept of an early, voluntaly eight-hour air quality plan, or EAC was endorsed by EPA Region 6 inJune 2002 then slightly modified and made available nationally in November 2002. A key point of an EAC is the flexibility afforded areas to selectemission reduction measures such as limiting vehicle idling. On August I,2005, members of the Austin EAC and the commission signed the locally enforced idling restrictions memorandum of agreement (MOA). This MOA allowed participating counties to enforce the idling restriction rule in their jurisdictions. Members of the Austin EAC area signing the MOA includedthe counties



## ADOP 'TED RULES February 15,2008 33 TexReg 1345of Bastrop, Caldwell, Hays,Travis, and Williamson andthe cities of Austin, Bastrop, Elgin, Georgetown, Hutto, Lockhart, Luling, Round Rock, and San Marcos. In meetings with officials of the Austin EAC to develop the idling rule MOA, concerns arose regarding language in the locally enforced idling restrictions. Austin EAC members voiced concern that parts of §114.517, Exemptions, were ambiguous and needed revision. Members of the Austin EAC felt that §114.517(7) and (8) could be misinterpreted to mean that a transit vehicle could idle for a total of one hour. There was also concern that the commission's rule conflicted with Texas Department of Transportation (TxDOT) guidelines for vehicle idling by employees. Austin EAC members brought to the commission's attention TxDOT's policy regarding idling. The guidelines adviseemployees to idle their vehicles to operate the air conditioneror heating systemfor employee health and safety while they perform an essentialjob function related to roadway construction or maintenance. In many instances on-road and off-road vehicles at roadway construction sites must remain in idle mode during normal operations. The commission agreed with the Austin EAC members that the locally enforced idling restrictions should be revised in light of these concerns. At the request of the Austin EAC members, the commission adopted revisions to the locally enforced motor vehicle idling rule (May 12,2006. issue of the Texas Register (31TexReg 3900)). Inthat same rulemaking, the commission also adopted revisions to the idling rule to conform to legislation passed in 2005. The 79th Legislature, 2005, passed House Bill (HB) 1540, amending Texas Health and Safety Code (THSC), Chapter 382, Subchap ter B, S382.0191, Idling of Motor Vehicle While Using Sleeper Berth. The bill, stated that the "commission may not prohibit or limit the idling of a motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the 

### vehicle's sleeper berthfor a government-mandated rest period." In addition,the billstated that, "no driver usingthe vehicle's sleeper berth may idlethe vehicle in a schoolzone or within 1,000feet of a public school during its hours of operation," or else be subject to a fine not to exceed $500. This rulemaking amended the rule on idling limits for gasoline and diesel-powered engines in motor vehicles within the jurisdiction of any local government in the state that has signed an MOAwith the commissionto delegate enforcementto that local government. Local enforcement is crucial to the effective implementationof rules to reduce the extended idling of gasoline and diesel-powered heavyduty vehicles and will helpto ensure the reduction in nitrogen oxides (Nodand volatile organic compound (VOC) emissions,which is needed by local governments to achieve or maintainattainment ofthe federal eight-hourozone standard. These idling limits will lower NOx emissions and other pollutants from fuel combustion. Because NOxis a precursor to ground-level ozone formation, reduced emissionsof NO, will result in ground-level ozone reductions. In May 2007, the 80th Legislature passed Senate Bill (SB) 12, which in partamendedTHSC, 5382.01 91. The legislationfurther prohibitedvehicle idling in residentialareas as defined by Local Government Code, §244.001 and within 1,000 feet of hospitals. The legislationalso prohibitedvehicles with sleeper berthsfrom idling if an electrificationfacility with external heat and air conditioning hook-ups is located within two miles of where they are. stopped. SB 12 extended the expiration of prohibitions on the commission from adopting rules restricting certain idling activities from September 1, 2007, to September 1, 2009. Currently, there are no federal regulations governing idle time for motorvehicles. The requirements developed by the commission for this NO, emission reductionstrategy will result in restrictions on the time allowed for motor vehicle idling. SECTION BY SECTION DISCUSSION 51 14.512,Control Requirements for Motor Vehicle ldling The adopted amendmentto 5114.512(b),Control Requirements for Motor Vehicle Idling, prohibits idling by drivers usingthe vehicle's sleeper berth in residential areas as defined by Local Government Code, S244.001, or within 1,000 feet of a hospital. Additionally, the expiration of this subsection will be changed from September 1, 2007, to September 1, 2009. § 11 4.51 7, Exemptions The adopted amendment to §114.517(1), Exemptions, will changethe expiration date ofthese paragraphs from September 1, 2007, to September 1, 2009. Adopted §114.57(2) has been added to clarify that after September 1, 2009, vehicles with Gross Vehicle Weight Rating (GVWR) of 14,000pounds or less will no longer be exempt from the requirements of §114.512. The current exemptions listed as paragraphs (2) 

## - (11) of this section are renumbered as paragraphs (3) 

## - (12) for consistency. Renumbered5114.517(12) is amended by changing the expiration date of the paragraph from September 1, 2007, to September 1, 2009. The adopted amendment to §114.517(11) will also prohibit idling to power a heater or air conditioner if the vehicle is within two miles of a facillty offering external heating and air conditioning connections at a time when those connections are available. The amendmentsto S114.512 and §114.517 are adoptedto ensure that the rules are consistent with the requirementsset forth in SB 12. FINAL REGULATORY IMPACT ANALYSIS DETERMINATION The commission reviewedthe adobted rulemakingaction in light of the regulatory analysis requirements of Texas Government Code, §2001.0225, anddeterminedthat the rules are not subject to §2001.0225 because although the adoption meets the definition of a "major environmental rule" as defined the statute, it does not meet any ofthe four applicability requirements listed in §2001.0225(a). The regulatory analysis requirements of Texas Government Code, §2001.0225 only apply to a major environmental rule, the result of which is to: I)exceed a standard set by federal law, unless the rule is specifically required by state law; 2) exceed an express requirement of state law, unless the rule is specifically required 'by federal law; 3) exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement a state and federal program; or 4) adopt a rule solely under the general powers of the commission instead of under a specificstate law. Specifically, the adoption will amendthe rules that limit heavyduty motor vehicle idling with the jurisdiction of any local government in the state that has signed an MOA with the commission to delegate enforcement to that local government. The adopted amendmentswill implement changes to THSC, §382.0191 as a result of passage of SB 12 in the 80th Legislature, 2007. The legislationfurther prohibited vehicle idling in residential areas and within 1,000 feet of hospitals. The legislation also prohibited vehicles with sleeper berths from idling if an electrification facility with external heat and air conditioning hook-ups is located within two miles of where they



## 33 TexReg 1346 February 15,2008 TexasRegisteare stopped. SB 12 extended the expiration of prohibitions on the commission from adopting rules restricting certain idling activities from September 1, 2007, to September 1, 2009. Currently, there are no federal regulations governing idle time for motor vehicles. These adoptions therefore do not exceed an express requirement of federal law. The amendments are needed to implement state law but do not exceed those new requirements. The adopted rules do involve a compact (in particular,the Austin EAC), which is an agreement betweenthe state and federal government to implement a state and federal program, however,the adopted amendments do not exceed the requirements of that compact. Finally, this adopted rulemaking was not developed solely under the general powers of the commission, but is authorized by specific sections of THSC, Chapter 382, which are cited in the STATUTORY AUTHORITY section of this preamble, including 5382.012 and 5382.0191. Because this rulemaking does not meet any of the four applicability requirements, Texas Government Code, 52001.0225(b) does not apply, and a regulatory impact analysis is not required. The commission invitedpublic comment regarding the draft regulatory impact analysis determination during the public comment period, butdid not receiveany comments during the publiccomment period. TAKINGS IMPACTASSESSMENT Under Texas Government Code, 52007.002(5), "taking" means a governmental actionthat affects privatereal property, in whole or in part ortemporarilyor permanently, in a mannerthat requires the governmental entity to compensate the private real property owner as provided by the Fifth and FourteenthAmendments to the UnitedStates Constitutionor517or519, Article I,Texas Constitution; or a governmental actionthataffects an owner's private real property that is the subject of the governmental action, in whole or in part or temporarily or permanently, in a manner that restricts or limits the owner's rightto the propertythat would otherwise exist in the absence of the governmental action; and is the producing cause of a reduction of at least25% inthe market value of the affected private real property, determined by comparing the market value of the property as if the governmental action is not in effect andthe market value of the property determined as if the governmental action is in effect. The commission completed a takings impact assessmentfor the adopted rules. Promulgation and enforcement of the rules will not affect private real property in a manner that would require compensationto private real property owners under the United States Constitutionor the Texas Constitution. The adopted rules will not affect private real property in a manner that restricts or limit anowner's rightto the propertythatwould otherwise exist in the absence of the government action. Therefore, the adopted rules will not cause a "taking" as defined under, Texas Government Code, 52007.002(5). CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM The commission reviewed the adopted rulemaking action and found that the adoption is an action identified in Coastal CoordinationAct ImplementationRules, 31TAC 5505.11,that will affect an actionlauthoriiation identified in 5505.11, and therefore will require that applicable goals and policies of the Texas Coastal ManagementProgram (CMP) be considered duringthe rulemaking process. The commission determined that under 31 TAC 5505.22, the adopted rulemakingaction is consistent with the applicable CMP goals and policies. The CMP goal applicable to this rulemaking action is the goal to protect, preserve, and enhance the diversity, quality, quantity, functions, and values of coastal natural resource areas (31 TAC 5501.12(1)). No new sources of air contaminantswill be authorized and ozone levelswill be reducedas a result of the adopted rulemaking. The CMP policy applicable tothis rulemakingaction isthe policythat commission rulescomplywith regulations in40 Codeof Federal Regulations,to protect and enhanceair quality inthe coastalarea (31TAC 5501.14(q)). This rulemaking action complies with 40 Code of Federal Regulations. Therefore, in compliance with 31 TAC 5505.22(e), this rulemaking action is consistent with CMP goals and policies. The commission invited public comment regarding the consistency with the coastal management program during the public comment period, but did not receive any comments during the public comment period. PUBLIC COMMENT The public hearing on this adoption was held in Austin on October 22, 2007, at 10:OO a.m. at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle in Building F, Room 2210. The City of Dallas submitted written comments in support of the rulemaking. One individualsubmitted a written comment not directly related to the idling rulemaking. RESPONSETO COMMENTS Support of Rule The City of Dallas commented that the city is in support of all changes proposedto Chapter 114 because they are of great importance in the effort to improve air quality. The commission appreciatesthe support for the changes inthis rule. No changeswere made as a result of this comment. Year Round Idling Restrictions Comment The City of Dallas commented that they are in support of yearround idling restrictions and asked if the effective period could be moved from during ozone season to year-round. The commission acknowledges the request to implement year round idling restrictions. This particular rulemaking is limitedto implementation of changes found in SB 12. The commission did not propose to change the idling season to year-round. No changesto the idling restriction seasonwere madeas a resultof this comment. The idlinglimitationswill remain, as they currently exist for consistencywith the SIP. Non-Idling Rule Comments An individual commented infavor of ending the oxygenationfuel program in the El Paso area. The commission appreciates the commenter's interest in air quality. The comments do not relate to the proposed idling restriction amendments and no changes have to the rule have been made in response to them. STATUTORY AUTHORITY The amendments are adopted underTexas Water Code (TWC), 55.103, which authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC, and under Texas Health and Safety Code (THSC), Texas Clean Air Act (TCAA), 5382.017, which provides the commission with the authority to adopt rules consistent with the policy and



## ADOP

## TEDRULES February 15,2008 33 TexReg1347purposes of the TCAA. The amendments are adopted under TCAA, 5382.011, which authorizes the commission to control the quality of the state's air; 5382.012, which authorizes the commission to prepare and develop a general, comprehensive planfor the control of the state's air; 5382.019,which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles; 5382.0191, which authorizes use of a sleeping berth for a government-mandated rest period; and 5382.208, which authorizes the commission to develop and implement transportation programs and other measures necessary to demonstrate attainment and protectthe publicfrom exposureto hazardous air contaminantsfrom motor vehicles. The adopted amendments implement TWC, 55.103, THSC, 55382.002, 382.011, 382.012, 382.017, 382.019, 382.0191, and 382.208,and SB 12, Article 4, 80th Legislature, 2007. This agency hereby certifiesthatthe adoption has been reviewed by legalcounsel andfoundto 

### be avalid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on February 1, 2008. TRD-200800613 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: February 21. 2008 Proposal publication date: October 5,2007 For further information, pleasecall: (512) 239-6091 

# + 

# t + TITLE 31. RESOURCES 

## AND 

# PART 10. 

# TEXAS DEVELOPMENT B CHAPTER 355. RESE RCH AND PLANNING 

## FUND The Texas Water Developmen Board (board) adopts the following Chapter 355 rules, regar ing the Research and Planning Fund,as publishedinthe Nove ber 16,2007,issueof the Texas Register (32 TexReg 8286). ctions 355.3, 355.10, 355.71, 355.77,355.92,355.93,355.97 355.100,and355.110

# - 355.115 are adopted without changes a d will not be republished. S~G tions 355.5, 355.11 and 355.7 are adopted with changes and will 

### be republished. 

# 1 The amendments to 55355.92, 55.93, 355.97, and 355.100, SubchapterC, RegionalWater PI nning Grants, are adopted under the authority of Texas Wate Code 515.403,which directs the boardto adopt rulesto carry t Texas Water Code, Chapter 15, under which the board provid s the funding for regionalwater plans; and Texas Water Cod 515.4061,which requiresthe boardto adopt rulesestablishing riteriafor eligibility for regional water planning money. 

# I

mental flows. The board received no commen on the proposed rules. 

## SUBCHAPTER A. GEN RAL RESEARCH AND PLANNING 31

### TAC 55355.3,355.5,355.10 355.11 The amendments to 55355.3, 3 5.5, 355.10 and 355.11 concerning Subchapter A, General Research and Planning, are adopted under the authority o Texas Water Code S15.403 which requiresthe board to adop rulesto cany out Water Code Chapter 15. 

# 1

$355.5. Criteria. administrator, consid- (1) Research project ev uation criteriafor unsolicited applications: (A) relationshipofp ject to currentneedsforwaterresource research; 

# t (B) descriptionofth proposed research project; 

# t (C) approach to org king and managing the research project; @) estimated time quired to complete the research project; (E) ability to perfo the research and complete the project; 

### (F) potential econo

# I

ic impact; and
pact.
cations: (A) description oft proposed research project; 

# 11 applicationto the request for (C) approach to org managing the research project; (D) estimated time complete the research project; and



## 33 TexReg 1348 February 15,2008 TexasRegister